As used in this article, the following terms
shall have the meanings indicated:
PERSON DESIGNATED BY THE TOWN
The Town Roads Committee Chairman or the Town Road Superintendent
if authority is delegated to the Superintendent by the Town Roads
Committee Chairman.
[Amended 12-10-2007 by Ord. No. 1-2007]
ROAD APPROACH
That portion of a Town road right-of-way lying between the
road pavement and the road right-of-way line and allowing for vehicular
access to abutting driveways or property.
The location of a road approach shall be consistent
with the provisions of this article and must not infringe on the frontage
of adjoining property. Each road approach shall be located so that
it does not cause undue interference with or hazard to the free movement
of road traffic, as determined by the Town or County Engineer or person
designated by the Town.
It shall be unlawful to locate or construct
a road approach in violation of any of the provisions of this article.
In case of any violation, the Town Board or person designated by the
Town may issue a written order to the property owner directing the
property owner to correct the violation or remove the road approach.
If the property owner fails to comply with said order within 30 days
after the order has been mailed to the property owner, the Town Board
or person designated by the Town may institute appropriate action
or proceedings to enjoin a violation or cause the road approach to
be properly constructed or removed. Any cost incurred by the Town
to cause the road approach to comply or to remove a road approach
shall be charged to the property, which charge shall be entered as
a special charge on the tax roll.
Any property owner who fails to comply with
the provisions of this article or any order of the Town Board or person
designated by the Town or resists enforcement shall, upon conviction
thereof, forfeit the sum of $200 and the cost of prosecution of each
violation and in default of payment of such forfeiture and costs shall
be imprisoned in the county jail until payment thereof, but not exceeding
30 days. Each day a violation exists or continues shall constitute
a separate offense.